letter of demand

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
A demand letter, or letter of demand (of payment), is a letter stating a legal claim (usually drafted by a lawyer) which makes a demand for restitution or performance of some obligation, owing to the recipients' alleged breach of contract, or for a legal wrong. Although demand letters are not legally required they are frequently used, especially in contract law, tort law, and commercial law cases. For example, if one anticipates a breach, it is advantageous to send a demand letter asserting that the other side appears to be in breach and requesting assurances of performances. Demand letters that are not responded to may constitute admissions by silence. Also, a demand letter will often generate a denial letter stating the basis for rejecting your side's claim (such as when the incorrect entity is sued), and is sometimes a good indication of what defenses will be raised if a suit is brought later.Demand letters are sometimes used as a form of harassment and/or intimidation.

View More On Wikipedia.org
  1. ksivasub

    VIC What are my options when there is no response from the other party after the expiration of the deadline following the issuance of a letter of demand

    Another party initially engaged a lawyer for a money litigation, but there has been no response from the lawyer since then. I was subsequently compelled to hire a lawyer and issue a letter of demand, to which we have received no response from either the other party or their lawyer. What are my...
  2. E

    VIC Can i be served if the surname is incorrect

    I believe I may be served in a civil matter, the problem is the individual who will be claiming thinks my surname is something different to what it actually is (he has taken my child's surname and believes it is also mine), what happens if he uses the incorrect surname on any legal documents. He...
  3. M

    VIC Lawyers ignoring my "letter of demand"

    Another party caused me financial loss, so I emailed them a "letter of demand". They employed a solicitor who wrote back to me saying they are acting on behalf of the other party, and to address communication to them. They also told me to give their letter to my lawyer, arguing they were not...
  4. jjasn

    QLD letter of demand

    This is the email sent to me: "As discussed, kindly attend to full payment of the total amount owing on all Lots, being $27,403.70 by 7 December 2021 and provide our office with a remittance once paid. Please note that if full payment of the above amount is not paid to the Body Corporate by...
  5. Aloola Cairo

    WA Unregistered truck in my driveway- my private house. Why can't I keep it?

    Unregistered truck in my driveway- my private house. Why can't I keep it? The Cockburn council has told me I have 1 month to get rid of this truck that I bought to fix up, and eventually use as a travelling home. I have been told, as it's not registered, that I have to get rid of it. I have a...
  6. D

    Fences damaged by neighbour (WA) - Letter of Demand

    Hi All and thanks for any input. In WA we have HardiFence which is compressed concrete sheets in a wave profile and tin capping on the top. It has now been phased out in WA and only ColorBond Fencing is available. I have owned this property for over 23 years, the Hardi Fences on one side...
  7. T

    QLD Got an extortion letter of demand from KodakOne and Ryde about images

    Hello guys, Good day. We just received a surprising letter of demand from Ryde / KodakOne from Germany asking for an unreasonable amount of money, 900 Euros, for an image on a website used by us. We have no idea how the image was up there except for the possibility that a sub contracted web...
  8. K

    QLD What to Do with Uncollected Property Under Property Law?

    Hi, Just wondering what steps I need take to get someone to remove their property from my residence. My brother and his partner were evicted from a property approximately 2 years ago. Some of their stuff came to my house and the rest put into a storage container. Shortly after this, they...
  9. nic3113

    QLD Sale of Assets to Pay Company Debts?

    I am in desperate of some help. My Ex husband had a company of which he was director of. During our marriage. I became a secretary to enable him to borrow more money. He had an overdraft ( 100 k ) that was secured against our property and he would buy trucks to work on road construction. During...
  10. A

    VIC Letter of Demand - Housemate Not Paying Bills?

    I am a co-tenant with another person in Victoria. When we moved in we agreed that rent and all bills would be split in half. The co-tenant is refusing to pay the bills + rent. The rent is not technically due yet but I had to pay the co tenants half of the bills as the co tenant refused to pay...